"I am very happy this case had finally come to its rightful conclusion for Mere Samisoni. Dr Samisoni had literally been to hell and back since charged in 2012." - New Zealand based barrister, Lady Heeni Phillips-Williams, who defended Mere Samisoni

Lady Heeni Phillips-Williams, Mere Samisoni and local counsel Filimoni Vosorongo are delighted the charges against Samisoni have been dropped

Lady Heeni said the case had wider significance than the individuals involved:

* The legal grounds raised at the voir dire hearing were important from a human rights perspective and the point of view of the administration of justice in Fiji.

*The grounds raised at the hearing included: A lack of electronic recording at police station when statements were taken by police officer

* Dr Samisoni being held in police custody for five days in police cells without proper legal authority

* The long periods without a lawyer whilst accused persons were held in custody

* The appalling conditions and lack of hygiene in police cells

* Breaching judges rules in cross-examination when police took statements from accused

* Not showing co accused statements to accused

* For Fijian democracy to be more effective and not seen as lip service there must be big improvements

The later Peter Williams with Samisoni

Auckland barrister wins drawn-out Fijian human rights case

Charges have finally been dropped against a businesswoman and grandmother who was ousted from Fiji parliament by a military coup 10 years ago and charged with inciting violence almost five years ago.

The case was being defended by prominent Queen's Counsel Peter Williams until his death last year and had been picked up by his widow Lady Heeni Phillips-Williams.

Dr Mere Samisoni, 74 was a member of parliament in Fiji's last elected government which was deposed by military coup in 2006. In early 2012, she was charged by the regime with incitement to political violence.

Following a "voir dire" hearing before a trial magistrate at Suva today, the prosecuting State had reassessed it position and announced it now would not be proceeding against Dr Samisoni.

A "nolle prosequi" was granted this morning, meaning the State would not be prosecuting the case.

Appearing at the Suva Magistrates Court today, New Zealand based barrister, Lady Heeni Phillips-Williams said: " I am very happy this case had finally come to its rightful conclusion for Mere Samisoni. Dr Samisoni had literally been to hell and back since charged in 2012."

Lady Heeni said the case had wider significance than the individuals involved.

" The legal grounds raised at the voir dire hearing were important from a human rights perspective and the point of view of the administration of justice in Fiji."

The grounds raised at the hearing included:* A lack of electronic recording at police station when statements were taken by police officer* Dr Samisoni being held in police custody for five days in police cells without proper legal authority* The long periods without a lawyer whilst accused persons were held in custody* The appalling conditions and lack of hygiene in police cells* Breaching judges rules in cross examination when police took statements from accused* Not showing co accused statements to accused.

"For Fijian democracy to be more effective and not seen as lip service there must be big improvements," said Lady Heeni.

Following the Bainimarama led military coup of 2006 various military decrees came into force.

Dr Samisoni was charged under a military decree violation of "urging political violence".

She had enlisted Sir Peter Williams QC and Lady Heeni Phillips-Williams, the former Ballu Khan lawyers to act for her.

Lady Heeni said her late husband "Sir Peter would be smiling with this wonderful outcome."He had always described Mere Samisoni, a former politician, a wonderful woman and he had been determined to finish off her case for her."

She said Dr Samison's health has suffered through the drawn-out ordeal.

It was earlier alleged that Mere Samisoni and Semisi Lasike, together with Apete Vereti, urged one Waisea Kaloumaira to burn down Suva City in December, five years ago. It was also alleged that in 2011, between the months of September and December the three intentionally conspired to overthrow the government by force of violence. Bail has been extended for Vereti and he will appear in court on the 31st next month.

Mere Samisoni and her co-accused were not the only ones to be grinded down by Fiji's legal system: DPP withdraws case against 4 senior Methodist Church members - "The church says the fact that those accused suffered physically and emotionally as this case dragged on for seven years, and that two of the church leaders [Tuikilakila Waqairatu and Manasa Lasaro] who were charged are not alive to see their names cleared, saddens the church."

The Director of Public Prosecutions has withdrawn a case against four senior members of the Methodist Church in Fiji. A Nolle Prosequi was filled at the Suva Magistrates Court yesterday.

Ame Tugaue and Tuikilakila Waqairatu were charged with one count each of Organizing a meeting in Contravention of an Order while Tomasi Kanailagi and Manasa Lasaro were each charged with one count of participating in a meeting in contravention of an order contrary to the Public Emergency Regulations 2009.

Tuikilakila Waqairatu and Manasa Lasaro have passed away. Meanwhile the Methodist Church in Fiji has released a statement saying they have considered the Nolle Prosequi filed by the DPP and while they are glad that this saga is over, they are concerned that this was justice delayed.

The church says the fact that those accused suffered physically and emotionally as this case dragged on for seven years, and that two of the church leaders who were charged are not alive to see their names cleared, saddens the church. The matter was called before Magistrate Shageeth Somaratne. Source: Fijivillage News, 14 December 2016

Congratulations Mere, a well deserved and obvious outcome if justice is to get some serious traction in Fiji. This was in my opinion a case of persecution not prosecution of an outspoken and fearless member of society.
Best wishes to you and your family from Sabeto

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Fiji First Party

14/12/2016 09:43:39 pm

We loathe Mere Samisoni’s Politics (and the Politics of all those other extremists, ethno-nationalists, racists, rogues of the SDL). The SDL government -as a matter of Policy - and knowingly, caused ‘grief’ amongst thousands of Indo-Fijian families. The SDL doggedly ignored the sorry plight of the Indo-Fijian refugees at the Girmit Center. The SDL made false promises to these victim families. The SDL allocated funds to rectify these severe Human Rights abuses against Indo-Fijians but then shamelessly used those funds for ‘Agriculture Scam’ - for vote buying purposes. Mere Samisoni and her SDL are no angels – but we are pleased her ordeal is over.

What happened in 2006 is wrong. Politicians like Chaudhary and Khaiyum exploited the ‘bad smell’ milieu and Politics of the SDL. But whichever way we look at it, the Coups are unnecessary. It brings about disharmony, divisiveness and lasting hurt in our People. The Dictatorships of 1987 and the 2006, both, had been IMPOSED unto the People by force of arms, arrogance, intimidation, unlawful arrests, detentions, torture, murder, bullying and instilling FEAR into the minds and lives of Fiji’s citizens. Hand-picked stooges were/are strategically placed across the spectrum of the State to exert ruthless political dominance and control over any citizenry disquiet.

Hopefully we have all learned lessons and matured. Perhaps the most effective resistance to the Rabuka Regime was intelligently and peacefully mounted on his IMPOSED and racist 1990 Constitution. Because it was IMPOSED –it lacked legitimacy.
The Reeves’ CRC and the role of the then CCF was/is indeed commendable. It reached, unhindered, far and deep into our society, consulting, talking and talking to People from all walks of life. The Reeves’ CRC was People focussed: reassuring to, our rudely ruptured, sense of belonging, nurturing and healing our hurt, evading our fears and reconciling our People. The resultant 1997 Constitution is truly a Peoples’ Constitution. It reflects the consensus and the will of People of Fiji and People chosen modes of democratic representation and participation like no other Constitutions, either before or after.

Upholding a Peoples’ Constitution is not a Crime but a virtuous, patriotic, Political ideal.

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"...Secrecy is the keystone of all tyranny. Not force, but secrecy... censorship. When any government, or any church for that matter, undertakes to say to its subjects, 'This you may not read, this you must not see, this you are forbidden to know,' the end result is tyranny and oppression, no matter how holy the motives." --Robert A. Heinlein, -If This Goes On